CA contacting me????

Discussion in 'Credit Talk' started by tedfran, Oct 2, 2002.

  1. tedfran

    tedfran Well-Known Member

    I sent out a validation letter 5 weeks ago. No repsonse. Then on the 34th day they finally report to the CRA's that account is in dispute. I sent out Estopell and it was Recieved by them on Monday.


    Today at work I recieved my first call from them.She left a message. The lady said is was very important that i call her today.

    Should i call her? I alittle curious as to what she want to say to me. However i would love to rub the violations in her face. Also if i do contact her, can this hurt my court case in the furture?
     
  2. cibomatto

    cibomatto Well-Known Member

    Hmmm.. Thats a strange response.. did you save the message by the way?

    did they mark the items as disputed in your CR?

    I don't know.. I wouldn't call them but you could shoot off another letter

    I am only guessing:

    - intent to sue letter demanding removal because of complete failure of proper validation and commiting violations

    Hmmmm

    lets see what others have to say about this one..
     
  3. LKH

    LKH Well-Known Member

    Them calling after receiving the validation and not yet providing the validation requested, could possilbly be considered continued collection activity. I would be interested to know what is so important, if it was me. Usually it is best to have no verbal contact and keep it all in writing. But this could actually get you more violations if you were to call and say they make you an offer to settle for a reduced amount or something similar. If you call, do not admit or even discuss what the acct is about. Just ask what she wants and then tell her you'll get back to her.
     
  4. tedfran

    tedfran Well-Known Member

    thanks for your reply.

    I sent out the validation on August 15th. They didnt respond to that request. However they sent me another collection letter, during the validation time. However i have been told that is not a violation due to the fact i didn't respond the the Oringinal collection letter within 30 days of them sending it.

    They reported to the CRA;s on the 34th day on my validation request. They only get 5 days.

    So i have them for not validating the debt within 30 days, and for not reporting to the CRA;s within 5 days.

    I sent out the Estoppel letter a week ago. Then i recieved the call a few days after they signed for the letter.

    The validation letter and estoppel clearly state that they MAY NOT contact me by phone, only by mail.
     
  5. tedfran

    tedfran Well-Known Member

    WOW. Lkh i called her. boy what fun it was.

    I call, she puts me on hold for a few mins. Then i say my name and last name. Then she wants my social number. I say no. she got alittle offended. Then she's says how bout give me the 2nd 5 and 7th number. LOL. oh my god. i say no. Then she says do you owe this debt. i said i don't know. I don't remember. Then i say how do you know this my debt. She reads off the account number,etc. Then she said do you want me to read your socail back to you. i say no.

    Then she ask;s me how do you want me to help you. I say help me with what. I don't even know is its my debt. Then she says , yes we need your social security number. I say no. She is getting pissed, keeps saying how can i help you.I keep asking her How can i prove this is my debt.

    Then i ask her. You ever heard of a validation letter. She says yes.I said what is it. She says thats what we sent out. I said NO. A validation letter is sent by me to you, stating you must prove the debt. I said thats 1 violation. she got realllly pissed. laying this guilt trip on me about don't take it out on me, its just my job. Then i say You have to report to the 3 CRA:S within 5 days. Then i said . thats 2 violations. Now she was yelling. I said i have a total of 4 violations against you and im taking you to court.

    Then i say have you heard of the FDCPA. With a sarcastic reponse she say's yes. Then this reponse should be on the mastercard commercials as Priceless. All of the sudden she reads me the Miranda. LOL

    She is really whaco now. she keeps yelling how do you want me to help you.

    Then she repeats this 10 times. Are you refusing to pay this debt. YES or NO. i was nervous since my response included the word no. i thaught she mite be like a 3rd grader and say you said no. I said NO Comment. Keep repeating that over and over. THen She says would you like to speak with a Supervisor.With a cocky voice i said SURE. However i was on hold for 10 mins(suprise lol) i hung up.

    I haven't been this nervous in a long time waiting to talk with them. I keep thinking of what LKH and others said about admitting nothing. So the first part was very akward when she went the thing of confirming this was my debt. Which she never did.

    She said she has been calling my work for a couple months. I have never recieved any messages, nor any at home where she said she left them.

    So i think i may have hindered my settlement chances down the road if it comes to that. LOL.
     
  6. cibomatto

    cibomatto Well-Known Member

    tedfran




    that was awsome... was she really reading you the miranda rights??

    LOL.. anyway.. Uhmmm becareful when they ask "are you refusing to pay this debt" ::: that could promt them to sue you..

    Gosh I wish it were me in this situation...
    I would start looking (searching for intent to sue threads) I had to use it twice and to be quite honest I didn't feel ready to actually go to court but I sent it off anyway hoping that they would act.

    I gave both CAs deadlines to remove the derogitory remarks from my report and a cutoff date. They deleted about 10 days after the cutoff date but by then I was ready to file a complaint in small claims...
    The CAs were Arrow and NCO and I SWEAR I was so READY to smack them around and get paid...
     

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